What is the test for holding an oral hearing in a medical malpractice case?

British Columbia, Canada


The following excerpt is from A2101429 (Re), 2022 CanLII 8544 (BC WCAT):

In consideration of the above, I have determined that an oral hearing is not necessary in order to fairly address the issue under appeal in the present case. Both parties have had a meaningful opportunity to participate in this appeal by providing written submissions; I have even accepted new evidence from the employer after he was explicitly advised that the time to submit new evidence had passed. I am satisfied that a proper analysis of the issue under appeal does not require a direct condemnation of the honesty or integrity of either party but depends largely upon the contemporaneous medical and witness evidence. More importantly, I am satisfied that I can resolve the differences in the evidence between the parties without holding an oral hearing by considering what evidence is in harmony with the preponderance of probabilities as contemplated in Faryna v. Chorny.

Other Questions


Does the entire agreement clause in a medical malpractice case apply to all medical malpractices? (British Columbia, Canada)
How have courts treated medical malpractice cases in the context of malpractice? (British Columbia, Canada)
What is the standard of care of the medical staff in the context of medical malpractice cases? (British Columbia, Canada)
How have medical and/or legal opinions been interpreted in medical malpractice cases? (British Columbia, Canada)
What is the case law on non-pecuniary damages in medical malpractice cases? (British Columbia, Canada)
What is the legal basis for medical justification in medical malpractice cases? (British Columbia, Canada)
What is the disposition of a medical malpractice case at a medical review board? (British Columbia, Canada)
What is the standard of disclosure required by the Canadian Medical Association in medical malpractice cases? (British Columbia, Canada)
What is the case law on the validity of evidence in a medical malpractice case? (British Columbia, Canada)
What is the test for determining whether the evidence in a medical malpractice case supports the case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.